Winn, Goding go into mediation

Thursday

Oct 4, 2012 at 2:00 AM

OGUNQUIT — The matter of a protective order filed against Selectman Bob Winn in June will hopefully be settled through mediation, according to Winn's attorney David Lourie, and Matt Howell, attorney for Jayne Goding, the Durham, N.H., resident who initially filed the order.

Erik Hawkins

OGUNQUIT — The matter of a protective order filed against Selectman Bob Winn in June will hopefully be settled through mediation, according to Winn's attorney David Lourie, and Matt Howell, attorney for Jayne Goding, the Durham, N.H., resident who initially filed the order.

Goding sought the protective order June 7, alleging that Winn had prevented her from leaving a property in Ogunquit, as well as exhibiting a history of threatening behavior.

Howell and Lourie seem to agree that the issues between the parties arose from a contract dispute regarding construction Winn had been hired to do on the Ogunquit property.

"We'd like to avoid dragging this back into the courts and making it more of a circus," said Howell, referring to the hearings that have already taken place in which Winn sought to have the order removed and both sides testified extensively.

On July 10, the second scheduled hearing began a half hour late, and Judge Wayne Douglas decided to grant a continuance, or postponing of the hearing until Sept. 25 after both sides expressed concern about the time constraints and the number of witnesses.

Winn and Lourie had intended to bring forward Police Chief Patricia Arnaudin and four other witnesses at the third hearing, and Goding, who had been representing herself, intended to call at least six.

In a "last ditch" effort to resolve the matter out of court, according to Howell, he and Lourie spoke on the phone the night before Sept. 25's scheduled hearing and agreed to bring the parties into mediation.

"If we resolve the contract issues then the harassment matter should resolve itself," Howell added. "The business relationship broke down with disagreements about both parties' obligations, and like in many instances, accusations started flying."

Lourie maintains that there is more to the dispute between Goding and Winn than meets the eye, but he is optimistic about the upcoming mediations.

"The harassment complaint is an example of (Goding) being used by others for their purposes," he said. "The harassment complaint will fall of its own weight once we resolve this. I do however think that Bob is entitled to be paid for the work he did for her."

Lourie also insisted that Winn has no desire to approach Goding or the property, that Goding's accusations against him are false, and the order is unnecessary.

"It's always unfortunate to be a defendant in a harassment case, especially if you're a selectman," he said. "No judge wants to be in the position of not granting one of these when someone ends up hurt or killed, so they tend to give out more of these than they should."

According to Howell, the mediation will be handled in another law office, and the protective order will stand until the parties come to an agreement and the order is modified.

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